Loading...
2237ORDINANCE NO. 2237 COUNCIL MEMBER SHEPARD INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AUTHORIZING THE SALE OF LOTS 129 AND 131, DEERFIELD FIRST ADDITION, AN ADDITION TO THE CITY OF BLAIR, AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; LOT IOR, DEERFIELD REPLAT 1, AN ADDITION TO THE CITY OF BLAIR, AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA; LOTS 6, 15, 43 AND 44, DEERFIELD REPLAT 2, AN ADDITION TO THE CITY OF BLAIR, AS SURVEYED, PLATTED AND RECORDED IN WASHINGTON COUNTY, NEBRASKA, EACH SEPERATELY FOR THE SUM OF SIXTEEN THOUSAND DOLLARS ($16,000.00); PROVIDING FOR NOTICE OF SUCH SALE TO BE PUBLISHED FOR THREE (3) CONSECUTIVE WEEKS IMMEDIATELY AFTER THE PASSAGE OF THIS ORDINANCE; AUTHORIZING THE MAYOR TO ENTER INTO A PURCHASE AGREEMENT WITH EACH OF THE BUYERS, DUSTIN WOLFE, CHAD SCEBOLD, PJR LLC, RICHARD WARDELL AND DIAMOND HOMES, LLC, AND TO MAKE ALL NOTIFICATIONS REQUIRED UNDER NEB. REV. STAT. §16-202, INCLUDING NOTIFICATION OF THE RIGHT OF REMONSTRANCE; PROVIDING FOR ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO BE REPEALED AND PROVIDING THAT SAID ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FOLLOWING PASSAGE AND PUBLICATION AS REQUIRED BY LAW AND ORDERING THE ORDINANCE PUBLISHED IN PAMPHLET FORM. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA: SECTION 1. The City of Blair authorizes the Mayor and City Clerk to execute and deliver a Purchase Agreement by and between the City of Blair, Nebraska, Dustin Wolfe, Chad Scebold, PJR, LLC, Richard ' Wardell and Diamond Homes, LLC, whereby the City agrees to sell the real estate described hereinabove for the sum of sixteen thousand dollars ($16,000.00) and pursuant to the terms and provisions of the Purchase Agreements attached hereto and marked Exhibit "A ". SECTION 2. The Mayor and City Clerk of the City of Blair, Nebraska hereby authorized and directed to make all notifications required under Neb. Rev. Stat. § 16 -202, et.seq., including but not limited to notice of the sale and the terms thereof, and, after the required remonstrance period has lapsed and City has not received a remonstrance against such sale signed by registered voters of the City equal in number to Thirty Percent (30 %) of the registered voters of the voters voting at the last regular municipal election held therein, then, the Mayor and City Clerk are authorized to execute and deliver any and all documents, deeds or other instruments necessary to effectuate such conveyance of real estate. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and following the passage and publication hereof as required by law. Passed and approved this 22nd day of January, 2013. CITY OF BLAIR, NEBRASKA J E. REALPH, MAYOR ATTEST: p BRENDA R. WHIM V R, CITY CLEkK (SEAL) STATE OF NEBRASKA ) ) :ss: COUNTY OF WASHINGTON ) BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was duly passed and approved at a regular meeting of the Mayor and City Council of said City held on the 22nd day of January, 2013. BRENDA R. WHEELER, CITY CLEFk THIS AGREEMENT made this 10 day of January, 2013, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Dustin Wolfe, hereinafter referred to as "Buyer ". WITNESSETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: Lot 129, Deerfield First Addition, City of Blair, Blair, Nebraska said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Sixteen Thousand, ($16,000.00), which shall be paid in cash at the time of closing. Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall the closing be on a date less than 30 days from the date of the publication of the Ordinance Authorizing the sale nor more than 60 days from date of said publication date. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves all easements over and across said right of way for a storm sewer and any other utilities on said real estate as they exist on the date of this agreement and as may have been contemplated in the platting of the Subdivision. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made on or after the date of this agreement and which are attributable to the real estate. Upon the signing of this agreement for the sale of this real estate, the buyer shall make a down payment deposit of One Thousand Dollars and no cents ($1,000.00), which shall be non- refundable unless seller is unable to deliver marketable title, but shall be credited toward the purchase price at the time of closing. Seller shall be responsible for payment of any real estate taxes assessed against the premises for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including, but not limited to any assessments made for any tax year or partial year after the date of this sale. The Seller shall not have, provide a survey o- the re mise -s�— In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be paid by the buyer. The Seller specifically makes no warranties or representations as to the condition of the property or the usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the down payment deposit shall be returned to the Buyer. In any event, the Buyer remedy shall be limited to a refund of the down payment deposit. The City of Blair shall not be liable for consequential damages including but not limited to lost profits. The use of the property may be subject to existing covenants which may be enforced by the owners of other properties. Seller has no duty to enforce any applicable covenants. The City of Blair will review all items delegated to the Architectural Control Committee in the existing covenants for new homes and certain other improvements. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA BYC �_. E AL � PH, MAYOR ATTEST: A l BRENDA R. WHEELER, CITY CLERK Q • P T Tin rALT A CUD STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) Wm LWA On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. A UU L a)cj NOTARY PUBLIC [ IGE N ERAL NOTARY - State of Nebraska KATHERINE D LOUDNER My Comm. Up. June 17, 2016 STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Dustin Wolfe, to me known to be the identical person(s) whose name(s) is /are affixed to the foregoing agreement and acknowledged the execution thereof to be his /her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. - 1 �' w d" Y � NOTARY PUBLIC W ERAL NOTARY - State of Nebraska KATHERINE D-LOUDNER My Comm. Exp. June 17, 2016 0 THIS AGREEMENT made this 10 day of January, 2013, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Chad R. Scebold, hereinafter referred to as "Buyer ". WITNESSETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: Lot 131, Deerfield First Addition, City of Blair, Blair, Nebraska said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Sixteen Thousand, ($16,000.00), which shall be paid in cash at the time of closing. Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall the closing be on a date less than 30 days from the date of the publication of the Ordinance Authorizing the sale nor more than 60 days from date of said publication date. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves all easements over and across said right of way for a storm sewer and any other utilities on said real estate as they exist on the date of this agreement and as may have been contemplated in the - platting of the Subdivision. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made on or after the date of this agreement and which are attributable to the real estate. Upon the signing of this agreement for the sale of this real estate, the buyer shall make a down payment deposit of One Thousand Dollars and no cents ($1,000.00), which shall be non- refundable unless seller is unable to deliver marketable title, but shall be credited toward the purchase price at the time of closing. Seller shall be responsible for payment of any real estate taxes assessed against the premises for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including, but not limited to any assessments made for any tax year or partial year after the date of this sale. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be paid by the buyer. The Seller specifically makes no warranties or representations as to the condition of the property or the usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the down payment deposit shall be returned to the Buyer. In any event, the Buyer remedy shall be limited to a refund of the down payment deposit. The City of Blair shall not be liable for consequential damages including but not limited to lost profits. The use of the property may be subject to existing covenants which may be enforced by the owners of other properties. Seller has no duty to enforce any applicable covenants. The City of Blair will review all items delegated to the Architectural Control Committee in the existing covenants for new homes and certain other improvements. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA E. REALPH, BRENDA R. WHEELER, CITY CLERK PURCHASERS: STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) B an On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. EJ UNE R AL NOTARY - State of Nebraska BRENDA R WHEELER My Comm. Exp. June 20, 2016 STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) NOTARY PUBLIC On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Chad R. Scebold, to me known to be the identical person(s) whose name(s) is /are affixed to the foregoing agreement and acknowledged the execution thereof to be his /her voluntary act and deed. WITNESS my hand and Notarial Seal the, day and year last above written. F N TARP PUBLIC f GENEAAL NOTARY - State of Nebraska KATHERINE D L®UDNER _ �:, _ My Comm. Exp. June 17, 2016 THIS AGREEMENT made this 10 day of January, 2013, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and PJR LLC, and or assignee, hereinafter referred to as "Buyer ". WITNESSETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: Lot 15, Deerfield Replat 2 Addition, City of Blair, Blair, Nebraska said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Sixteen Thousand, ($16,000.00), which shall be paid in cash at the time of closing. Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall the closing be on a date less than 30 days from the date of the publication of the Ordinance Authorizing the sale nor more than 60 days from date of said publication date. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves all easements over and across said right of way for a storm sewer and any other utilities on said real estate as they exist on the date of this agreement and as may have been contemplated in the platting of the Subdivision. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made on or after the date of this agreement and which are attributable to the real estate. Upon the signing of this agreement for the sale of this real estate, the buyer shall make a down payment deposit of One Thousand Dollars and no cents ($1,000.00), which shall be non- refundable unless seller is unable to deliver marketable title, but shall be credited toward the purchase price at the time of closing. Seller shall be responsible for payment of any real estate taxes assessed against the premises for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including, but not limited to any assessments made for any tax year or partial year after the date of this sale. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be paid by the buyer. The Seller specifically makes no warranties or representations as to the condition of the property or the usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the down payment deposit shall be returned to the Buyer. In any event, the Buyer remedy shall be limited to a refund of the down payment deposit. The City of Blair shall not be liable for consequential damages including but not limited to lost profits. The use of the property may be subject to existing covenants which may be enforced by the owners of other properties. Seller has no duty to enforce any applicable covenants. The City of Blair will review all items delegated to the Architectural Control Committee in the existing covenants for new homes and certain other improvements. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA BY - - JA E E. REALPH, MAY R ATTEST: BRENDA R. WHEELER, CITY CLERK PURCHASERS: I�LC B f ne.✓ STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. F IG E NERAL NOTARY - State of Nebraska BRENDA R WHEELER — My Comm. Exp. June 20, 2016 NOTARY PUBLIC STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, partner with PJR LLC, to me known to be the identical person's) whose names) is /are affixed to the foregoing agreement and acknowledged the execution thereof to be his /her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. NOTARY PUBLIC = NOTAR Y ebraska IIII LER �:.••.•.• ••�, 2016 THIS AGREEMENT made this 10 day of January, 2013, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and PJR LLC, and or assignee, hereinafter referred to as "Buyer ". WITNESSETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: Lot 6, Deerfield Replat 2 Addition, City of Blair, Blair, Nebraska said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Sixteen Thousand, ($16,000.00), which shall be paid in cash at the time of closing. Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall the closing be on a date less than 30 days from the date of the publication of the Ordinance Authorizing the sale nor more than 60 days from date of said publication date. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves all easements over and across said right of way for a storm sewer and any other utilities on said real estate as they exist on the date of this agreement and as may have been contemplated in the platting of the Subdivision. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made on or after the date of this agreement and which are attributable to the real estate. Upon the signing of this agreement for the sale of this real estate, the buyer shall make a down payment deposit of One Thousand Dollars and no cents ($1,000.00), which shall be non- refundable unless seller is unable to deliver marketable title, but shall be credited toward the purchase price at the time of closing. Seller shall be responsible for payment of any real estate taxes assessed against the premises for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including, but not limited to any assessments made for any tax year or partial year after the date of this sale. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be paid by the buyer. The Seller specifically makes no warranties or representations as to the condition of the property or the usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the down payment deposit shall be returned to the Buyer. In any event, the Buyer remedy shall be limited to a refund of the down payment deposit. The City of Blair shall not be liable for consequential damages including but not limited to lost profits. The use of the property may be subject to existing covenants which may be enforced by the owners of other properties. Seller has no duty to enforce any applicable covenants. The City of Blair will review all items delegated to the Architectural Control Committee in the existing covenants for new homes and certain other improvements. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA ems- fz/N,- ­- JA ES . REALPH, MAYOR !NDA EST: LERK R. WHEELER, CITY C PURCHASERS: By B E STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. III GENERAL t Nebraska BRENDA R WHEELER My Comm. Exp. June 20, 2016 NOTARY PUBLIC STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, partner with PJR LLC, to one ki lown to be the identical person(s) whose name(s) is /are affixed to the foregoing agreement and acknowledged the execution thereof to be his/her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. NOTARY PUBLIC GENERAL NOTARY - State of Nebraska IIB BRENDA R WHEELER - ..•..• ••.... My Comm. Exp. June 20, 2016 F ♦ , THIS AGREEMENT made this 10 day of January, 2013, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Richard M. Wardell, and or assignee, hereinafter referred to as "Buyer ". WITNES SETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: Lot 10R, Deerfield Replat 1 Addition, City of Blair, Blair, Nebraska said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Sixteen Thousand, ($16,000.00), which shall be 'paid in cash at the time of closing. Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall the closing be on a date less than 30 days from the date of the publication of the Ordinance Authorizing the sale nor more than 60 days from date of said publication date. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves all easements over and across said right of way for a storm sewer and any other utilities on said real estate as they exist on the date of this agreement and as may have been contemplated in the platting of the Subdivision. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made on or after the date of this agreement and which are attributable to the real estate. Upon the signing of this agreement for the sale of this real estate, the buyer shall make a down payment deposit of One Thousand Dollars and no cents ($1,000.00), which shall be non- refundable unless seller is unable to deliver marketable title, but shall be credited toward the purchase price at the time of closing. Seller shall be responsible for payment of any real estate taxes assessed against the premises for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including, but not limited to any assessments made for any tax year or partial year after the date of this sale. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be paid by the buyer. The Seller specifically makes no warranties or representations as to the condition of the property or the usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the down payment deposit shall be returned to the Buyer. In any event, the Buyer remedy shall be limited to a refund of the down payment deposit. The City of Blair shall not be liable for consequential damages including but not limited to lost profits. The use of the property may be subject to existing covenants which may be enforced by the owners of other properties. Seller has no duty to enforce any applicable covenants. The City of Blair will review all items delegated to the Architectural Control Committee in the existing covenants for new homes and certain other improvements. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA B S E. REALPH, MAYOR ATTEST: lfo�j �V —P- BRENDA R. WHEELER, CITY CLERK PURCHASERS: STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) Ar Io On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. GENERAL NOTARY . State of Nebraska BRENDA R WHEELER •° My Comm. Up. June 20, 2016 STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) Akz I < " NOTARY PUBLIC On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came Richard M. Wardell, to me known to be the identical person(s) whose name's) is /are affixed to the foregoing agreement and acknowledged the execution thereof to be his/her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. NOTARY A F A _ GENERAL NOTARY - State of Nebraska KATHERINE D LOUDNER My Comm. Exp, June 17, 2016 i THIS AGREEMENT made this 10 day of January, 2013, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Diamond Homes LLC, hereinafter referred to as "Buyer ". WITNESSETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: Lot 43, Deerfield Replat 2 Addition, City of Blair, Blair, Nebraska said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Sixteen Thousand, ($16,000.00), which shall be paid in cash at the time of closing. Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall the closing be on a date less than 30 days from the date of the publication of the Ordinance Authorizing the sale nor more than 60 days from date of said publication date. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves all easements over and across said right of way for a storm sewer and any other utilities on said real estate as they exist on the date of this agreement and as may have been contemplated in the platting of the Subdivision. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made on or after the date of this agreement and which are attributable to the real estate. Upon the signing of this agreement for the sale of this real estate, the buyer shall make a down payment deposit of One Thousand Dollars and no cents ($1,000.00), which shall be non- refundable unless seller is unable to deliver marketable title, but shall be credited toward the purchase price at the time of closing. Seller shall be responsible for payment of any real estate taxes assessed against the premises for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including, but not limited to any assessments made for any tax year or partial year after the date of this sale. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be paid by the buyer. The Seller specifically makes no warranties or representations as to the condition of the property or the usability as may be intended by the Buyer. The Buyer is purchasing the premises `gas is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the down payment deposit shall be returned to the Buyer. In any event, the Buyer remedy shall be limited to a refund of the down payment deposit. The City of Blair shall not be liable for consequential damages including but not limited to lost profits. The use of the property may be subject to existing covenants which may be enforced by the owners of other properties. Seller has no duty to enforce any applicable covenants. The City of Blair will review all items delegated to the Architectural Control Committee in the existing covenants for new homes and certain other improvements. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA. K&2� E. REALPH, MAYOR ATTEST: �, W 6Q��- BRENDA R. WHEELER, CITY CLERK PURCHASERS: STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) B On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. GENERAL NOTARY - State of Nebraska BRENDA R WHEELER MY Comm. Exp, June 20, 2016 STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) a ��) NOTARY PUBLIC On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came David L. Burger, managing member for Diamond.. Ho_-mes LLC, to me known to be the identical person(s) whose name(s) is /are affixed to the foregoing agreement and acknowledged the execution thereof to be his /her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. No ' ME 1 9 • 0 THIS AGREEMENT made this 10 day of January, 2013, by and between the City of Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Seller ", and Diamond Homes LLC, hereinafter referred to as "Buyer ". WITNES SETH: Seller agrees to sell and convey to the Buyer by Quit Claim Deed, free and clear of all encumbrances except easements and restrictions of record, the following described real estate, to -wit: Lot 44, Deerfield Replat 2 Addition, City of Blair, Blair, Nebraska said Buyer agrees to purchase said property on the following terms and conditions, to -wit: The purchase price therefore is agreed to be the sum of Sixteen Thousand, ($16,000.00), which shall be paid in cash at the time of closing. Closing of the transaction shall be on a date agreed to between Seller and Buyer, but in no case shall the closing be on a date less than 30 days from the date of the publication of the Ordinance Authorizing the sale nor more than 60 days from date of said publication date. It is understood and agreed by and between the parties hereto that Buyer shall receive possession of the premises upon closing. The City of Blair hereby specifically reserves all easements over and across said right of way for a storm sewer and any other utilities on said real estate as they exist on the date of this agreement and as may have been contemplated in the platting of the Subdivision. The Buyer shall have the right to move and reconstruct said storm sewer or other utilities to any location on said real estate provided same is at the Buyer's sole expense and pursuant to Seller's specifications. The Buyer shall be responsible for any sidewalk or other assessments which may be made on or after the date of this agreement and which are attributable to the real estate. Upon the signing of this agreement for the sale of this real estate, the buyer shall make a down payment deposit of One Thousand Dollars and no cents ($1,000.00), which shall be non- refundable unless seller is unable to deliver marketable title, but shall be credited toward the purchase price at the time of closing. Seller shall be responsible for payment of any real estate taxes assessed against the premises for the 2012 tax year and prior. The Buyer shall be responsible for and shall pay any and all taxes assessed against the premises including, but not limited to any assessments made for any tax year or partial year after the date of this sale. The Seller shall not have any obligation or liability to provide a survey of the premises. In the event the Buyer requests, Seller shall provide to the Buyer a title insurance commitment to said premises showing good and marketable fee simple title in it for conveyance to said Buyer. The cost of such title insurance shall be paid by the buyer. The Seller specifically makes no warranties or representations as to the condition of the property or the usability as may be intended by the Buyer. The Buyer is purchasing the premises "as is ". The Buyer has made an inspection of the property and is familiar with the condition thereof and is not relying upon any representations made with reference thereto by the Seller except those set forth herein. This Agreement shall be subject to the filing of any remonstrance pursuant to Nebraska Statutes against the exchange of this property by Blair wherein such remonstrance would be deemed to be valid and which would prohibit, pursuant to the statutes of the State of Nebraska, the conveyance of the property by the City of Blair. In the event of such remonstrance, the down payment deposit shall be returned to the Buyer. In any event, the Buyer remedy shall be limited to a refund of the down payment deposit. The City of Blair shall not be liable for consequential damages including but not limited to lost profits. The use of the property may be subject to existing covenants which may be enforced by the owners of other properties. Seller has no duty to enforce any applicable covenants. The City of Blair will review all items delegated to the Architectural Control Committee in the existing covenants for new homes and certain other improvements. This Agreement executed the date first aforesaid shall be binding upon the assigns and successors of all parties hereto. CITY OF BLAIR, NEBRASKA B7 Q �EE. REALPH, MAYOR ATTEST: 011D B 4H CITY CLERK PURCHASERS: STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) I' , On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came James E. Realph, Mayor of the City of Blair, Nebraska, Seller, to me known to be the identical person whose name is affixed to the foregoing agreement and acknowledged the execution thereof to be his voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written. GENERAL NOTARY - State of Nebraska BRENDA R WHEELER My Comm. Exp, June 20, 201 STATE OF NEBRASKA WASHINGTON COUNTY :ss: TARY PUBLIC On this 10 day of January, 2013, before me, the undersigned a Notary Public, duly commissioned and qualified for in said county, personally came David L. Burger, managing member for Diamond Homes LLC, to me known to be the identical person(s) whose name(s) is /are affixed to the foregoing agreement and acknowledged the execution thereof to be his /her voluntary act and deed. WITNESS my hand and Notarial Seal the day and year last above written.